Law:

Section:

(a) Civil Procedure Code (V of 1908)---------O. XXXVII, R.4---Constitution of Pakistan (1973), Art.185(3)---Ex parte decree, setting aside of---Negligence of defendant---Medical certificate---Defendant, after filing his written statement, absented from Trial Court, thus ex parte decree was passed against him---Four months after the, passing of ex parte decree, defendant filed application for setting aside the decree---Trial Court dismissed the application and the order of Trial Court was maintained by High Court in exercise of revisional jurisdiction---Validity---Defendant and his counsel were not vigilant to pursue and find out what happened on the date when they did not attend the Court---Medical certificate submitted by defendant was rightly ignored and discarded by High Court with cogent reason as the certificate was procured from private practitioner---Medical certificate did not show that the defendant was in such serious condition that he could not call his counsel to his house for consultation nor could speak to him on the telephone---Some person from the family could have been sent by the defendant to inquire from the counsel about the progress of the case---Courts below were not satisfied with the reasons stated by defendant in his affidavit in support of application under S.5 of Limitation Act, 1908---Defendant failed to point out any infirmity or illegality in the orders and s of the Courts below---Leave to appeal was refused. (b) Civil Procedure Code (V of 1908)--- ----O. XXXVII, R.4---Limitation Act (IX of 1908), Art.164---Ex paste decree, setting aside of---Limitation---Computation---Defendant joined proceedings before Trial Court and afterwards on his absence, ex parte decree was passed---Defendant, after four months, filed application for setting aside ex parte decree, which application was dismissed being time barred---Validity---Thirty days' time was provided under Art.164 of Limitation Act, 1908, to defendant to file application for setting aside ex parte decree---Period of thirty days started from the date of decree, as the defendant had participated in the proceedings before the Trial Court---Application was rightly dismissed by the Trial…

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